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- Resolution and Early Intervention Process
The Resolution and Early Intervention Process is one of the Law Society’s streams for reviewing the conduct of lawyers that is brought to our attention. In this process, a staff lawyer (Early Intervention Counsel) will thoroughly review your complaint and, as part of this review, may also consider:
- the risk and seriousness of the complaint;
- the Law Society’s records about the lawyer;
- whether the matter can be resolved;
- the level of cooperation of the lawyer; and
- additional information, as necessary.
For more information about this process, view our Resolution and Early Intervention Protocol.
Test Applied
During the review process, Early Intervention Counsel must consider whether there is a reasonable chance that a Hearing Committee would find that the lawyer committed the conduct complained of and if the lawyer’s conduct is deserving of discipline (threshold test).
- If Early Intervention Counsel determines that there is a reasonable chance that the lawyer’s behaviour is deserving of discipline or poses a more significant risk to the public, the complaint will be directed to the Conduct Process.
- If Early Intervention Counsel determines that the lawyer’s behaviour is unlikely to result in discipline, the complaint will be addressed within the Resolution and Early Intervention stream in one of three ways: resolution, dismissal or dismissal with early intervention activities.
Sometimes it is possible to resolve the issues between you and the lawyer. Early Intervention Counsel may contact you and the lawyer, separately, to resolve the matter. If the matter is resolved, you and the lawyer each will receive written confirmation that
- the matter has been resolved to both parties satisfaction; and
- no further steps will be taken.
Early Intervention Counsel may dismiss a complaint in its entirety after a review of the information provided. The review process may or may not include further information gathering from you, the lawyer, and/or other sources. You may or may not be contacted during the review process.
If the complaint is not something that falls within the Law Society’s authority or meets other criteria for an immediate (summary) dismissal, it will be dismissed without further review. For more information about Summary Dismissal criteria, view the Resolution and Early Intervention Protocol.
As part of the complaint review, Early Intervention Counsel will also consider whether the lawyer could have improved their service or practice in order to avoid the complaint. Early Intervention Counsel may dismiss the complaint in its entirety but may continue to work with the lawyer to provide education, guidance and recommendations for practice and service improvements.
Education and advice given to lawyers is not considered a sanction and does not form part of the lawyer’s disciplinary history. You may be advised that the Law Society is working with the lawyer in the Early Intervention Program, but will not be advised of the specific education or recommendations provided to the lawyer.